§101-4 Right of eminent domain granted to public utilities and others. The right and power of eminent domain is hereby granted to every person, operating a public utility, and engaged in the transportation of passengers or freight or any commodity by rail or bus, or by any other means, or the conveyance or transmission of telephone messages, or the production, conveyance, transmission, delivery, or furnishing of electricity, power, water, gas, or oil, within the State, as well as to corporations designated in section 101-41. The right and power shall be exercised only in compliance with, and under, the conditions and procedures set forth in this part. [L 1896, c 45, §6; RL 1925, §809; RL 1935, §51; RL 1945, §302; am L 1951, c 12, §1(c); RL 1955, §8-4; HRS §101-4]
Law Journals and Reviews
Eminent Domain and Serrated Power. 39 UH L. Rev. 171 (2016).
Case Notes
Cited: 20 H. 365, 367.
Structure Hawaii Revised Statutes
Title 9. Public Property, Purchasing and Contracting
101-2 Taking private property for public use; disposal of excess property.
101-3 Entry upon private property by agreement.
101-4 Right of eminent domain granted to public utilities and others.
101-5 Fee simple or lesser estate may be acquired.
101-6 What property may be taken.
101-8 Entering and surveying land.
101-10 Circuit courts have jurisdiction.
101-11 Procedure as in civil actions.
101-13 Exercise of power by county.
101-16 Complaint; additional contents; map.
101-17 Different properties in one action.
101-18 Joint or consolidated actions by governmental agencies.
101-19 Amendments of complaints, citations.
101-24 Assessed as of day of summons.
101-25 Payment of judgment, penalties.
101-26 Final order of condemnation.
101-27 Defendant allowed damages upon abandonment or dismissal of proceedings.
101-28 Possession pending action; immediate occupation by plaintiff.
101-29 Possession pending action; alternative procedure.
101-31 Payment of estimated compensation; effect thereof.
101-32 Possession pending appeal.
101-33 Allowance of interest, etc.
101-34 Issue as to use may be set for immediate trial.
101-35 Tax official as party; certificates, etc.
101-36 Certificate of deposit of moneys in court; notice of lien.
101-37 Payment of taxes out of deposit.
101-38 Further certificate of possession.
101-39 Effect of abandonment of eminent domain proceedings.
101-41 Special power of eminent domain.
101-43 Requirements prior to exercise of power.
101-44 Right-of-way lapses when.
101-52 Proceedings authorized.
101-53 Property already appropriated to a public purpose.
101-54 Part I provisions adopted; consolidation of proceedings.
101-71 Taking private personal property for public use.
101-72 Negotiated purchase of private personal property under threat of condemnation.